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Tuesday :: March 28, 2006

Moussaoui's Last Minute Offer to the Feds

The defense finished its case in the Zacarias Moussaoui trial today. Closing arguments are set for tomorrow afternoon. The bizarreness continued this afternoon. During its rebuttal case, the prosecution introduced testimony about a meeting between the FBI and Moussaoui at which he offered to testify against himself. Shorter version: Moussaoui offered to help them put him to death.

Confessed al Qaeda conspirator Zacarias Moussaoui told prosecutors days before his death-penalty trial that he would "testify against himself" if he could have better jail accommodations before he is executed, an FBI agent testified Tuesday.

Special Agent Jim Fitzgerald, who joined prosecutors and a defense lawyer at the Feb. 2 evening meeting in the law library at the city jail, said Moussaoui remarked that he "did not want to spend the rest of his life in a Colorado prison."

He said Moussaoui volunteered to admit to being the intended pilot of a fifth plane in the Sept. 11 plot as part of a deal, but never asked the government to drop the death penalty. Fitzgerald said the talks fell apart when prosecutors insisted that Moussaoui agree to give his full cooperation, including testifying against other al Qaeda captives.

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Sen. Durbin on Immigration Reform

Senator Dick Durbin (D-IL) made some great comments yesterday in the Senate on immigration reform and Sensenbrenner's bill. It's at page S2402 of The Congressional record, available on Thomas. Here's some of what he said:

It is an interesting story, as we watch the news reports, of the people who are gathering across the United States. Over 110,000, some say close to 200,000, came out in Chicago a few days ago; 500,000 in the city of Los Angeles. There is hardly a major city in America where people have not stepped forward because of their concern about this immigration bill.

Who are these people? They are people we always see but seldom come to know. They are our neighbors. They sit next to us in church; they send their kids to the same school as our kids. They probably cooked your breakfast this morning. They probably washed your dishes and cleaned your hotel room. They are watching your children at daycare and they are changing your aging mother's soiled bed in the nursing home. They make sure your putting green is perfect, and they stand for hours every day in a damp and cold place, watching a production line of chicken carcasses come by, so you can invite friends for a barbecue this weekend.

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Leopold: Fitz Almost Ready for New Indictments

Investigative journalist Jason Leopold writes that sources at the State Department, the CIA and the National Security Council, as well as lawyers close to the Valerie Plame investigation have told him that Special Counsel Patrick Fitzgerald is getting ready to indict Karl Rove or Stephen Hadley, or both, perhaps in about a month.

Neither Hadley nor Rove disclosed the existence of the email when they were questioned by FBI investigators or when they testified before a grand jury, the sources said, adding that Rove testified he found out about Plame Wilson from reporters and Hadley testified that he recalled learning about Plame Wilson when her name was published in a newspaper column.

Leopold writes that Fitz wasn't persuaded by Rove lawyer Luskin's most recent entreaties to avoid indictment, particularly Rove's explanation about his e-mail with Hadley.

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Why Moussaoui Should Live

The L.A. Times has an editorial today, Don't Kill Moussaoui. I couldn't say it any better, so I won't try, I'll just quote:

The 19 hijackers are dead. But there is still Moussaoui. He knew. He helped. Shouldn't he die?

No, he should not. Many committed opponents of the death penalty want to carve out exceptions for mass murderers or those who attack or betray the nation writ large, such as Timothy McVeigh. But if you believe, as does this page, that the death penalty debases our society, the principle becomes all the more important when it is most tempting to ignore. But for those who don't share that conviction, there are some more practical arguments.

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Supreme Court Hears Hamdan Arguments

The Supreme Court heard oral arguments today in the case of Salim Ahmed Hamdan, a Guantanamo detainee who was a chauffer for Osama bin Laden.

Justices Antonin Scalia and Samuel Alito, the newest member of the court, pressed [defense lawyer] Katyal to explain why a defendant before a military commission should be given something that defendants in civilian criminal trials normally don't get -- the chance to challenge the case before a verdict is reached.

"If this were like a (civilian) criminal proceeding, we wouldn't be here," Katyal said.

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Andy Card Resigns, Josh Bolten Takes His Place

Dan Froomkin has a great column today on Andy Card's resignation.

In most White Houses, the chief of staff is a godlike figure, putting his stamp on the presidency in almost every conceivable way. But in the Bush White House, political guru Karl Rove and Vice President Cheney loom much larger and have way more to do with what the president says and does than Card ever did. As long as they stay put, the rest may largely be window dressing.

As for Bolten, he writes:

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Jack Abramoff Sentencing Wednesday: Lawyers Say He's Broke

Jack Abramoff faces sentencing tomorrow in federal court in Miami for his admitted fraud in the purchase of the Sun Cruz Casinos. 260 letters, some from prominent persons, including Congressman Dana Rohrabacher, have written letters on his behalf. The list of letter-writers is here (pdf.)

The letters, along with the filing by the defense in Miami, sought to portray Mr. Abramoff as a man devoted to his family and to his faith who, while acknowledging that he defrauded Indian tribes and other clients of millions of dollars, deserved leniency because so much of his money had been given to charity.

"Media attention regarding Mr. Abramoff, from newspaper editors to late-night comedy monologues, has made him into a caricature and has distorted a lifetime of accomplishments," the defense lawyers said in their brief. "As large a figure as he has been painted in the media, he is an even larger figure in matters of family, faith, generosity and remorse."

The Miami Herald has details of the biography his lawyers have written for him. If you want to see great, creative lawyering, read the defense sentencing memo (pdf.)

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Tuesday Open Thread

What's Tuesday, without an open thread?

Immigration, Spying Nation, Censuring the President, you decide what to talk about. But don't miss Damn Foreigner on the immigration debate.

On a blogging note, I wish people would stop bashing Jeff at Protein Wisdom for anything but his politics. Why attack him for being a stay-at-home dad? He's a Denver blogger and my friend. His wife has helped me with the coding on TalkLeft. He has the best list anywhere of great movies and his non-political posts such as his conversations with a macintosh apple and a deadbeat neighbor are creative. He also let me guest-blog and put my politics on his site when he went on vacation. Enough already.

Have fun.

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Is Moussaoui Telling the Truth About Richard Reid?

Bump and Update: Two more al Qaeda members Tuesday say Moussoui had no part in 9/11:

In both cases, for security reasons, their testimony was read to the jury because the government did not want them to appear in court.

Waleed bin Attash, often known simply as Khallad, is considered the mastermind of the 2000 suicide attack on the USS Cole and an early planner of the Sept. 11, 2001, plot. He said he knew of no part Moussaoui was to have played in the 9/11 attacks. Another captured terrorist, identified as Sayf al-Adl, a senior member of al-Qaida's military committee, told U.S. interrogators that Moussaoui was "a confirmed jihadist but was absolutely not going to take part in the Sept. 11, 2001, mission."

It sounds more and more like Moussaoui wants death over life in prison.

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Monday :: March 27, 2006

Report: Rove Led Fitzgerald to Deleted E-Mails

Raw Story reports, and Steve Clemons of the Washington Note confirms through a source close to Karl Rove, that it was Rove who tipped off Fitzgerald to the 250 pages of deleted e-mails in Vice President Cheney's offices relevant to the Valerie Plame investigation.

According to several Pentagon sources close to Rove and others familiar with the inquiry, Bush's senior adviser tipped off Special Prosecutor Patrick Fitzgerald to information that led to the recent "discovery" of 250 pages of missing email from the office of Vice President Dick Cheney. According to one source close to the case, Rove is providing information on deleted emails, erased hard drives and other types of obstruction by staff and other officials in the Vice President's office. Pentagon sources close to Rove confirmed this account.

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Moussaoui Verdict Form: Questions Jury Will Have to Answer

Corrected Post: The verdict form below was submitted by Moussauoi's lawyer, not issued by the Judge. It is a proposed verdict form. The Judge may or may not approve it. I have edited the post below to reflect this. Sorry for the confusion.

The proposed verdict form that the defense would like the Court to submit to the jury in the Zacarias Moussaoui case is available here. (pdf) The defense submits that the jury must find the Government has proven all of them to proceed with the death penalty. Here are the key questions (direct quotes):

  • Do you, the jury, unanimously find that the Government has established beyond a reasonable doubt that the defendant intentionally participated in an act, i.e. lying to federal agents on August 16-17, 2001.
  • Do you, the jury, unanimously find that the Government has established beyond a reasonable doubt that the defendant participated in the act, i.e. lying to federal agents on August 16-17, 2001, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense.
  • Do you, the jury, unanimously find that the Government has established beyond a reasonable doubt that victims died on September 11, 2001, as a direct result of the defendant's act, i.e. Mr. Moussaoui's lies to federal agents on August 16-17, 2001.

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Zacarias Moussaoui Takes the Stand

Zacarias Moussaoui, whom I have often referred to as his own worst enemy, is on the witness stand, testifying against his lawyers' advice. I just finished a Fox News segment on the trial, and will be back online updating this afternoon.

TChris wrote a great post Saturday on Moussaoui and other defendants who insist on taking the stand.

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